H1. Res. 6236, 2024 Bibler MOU Park Development-afN%N
CITY OF City of Kalispell
201 1" Ave E. P.O. Box 1997
KALISPELL Kalispell, Montana 59903-1997
(406) 758-7000 Fax (406)7757
REPORT TO: Mayor Johnson and Kalispell City Council
FROM: Doug Russell, City Manager
SUBJECT: MOU- Park Development Partnership
MEETING DATE: December 16. 2024
BACKGROUND: In May of this year, Council received a presentation on a development
concept for vacant parcels at the West end of the Parkline Trail. The presentation included a
vision for a park development on privately owned land and the concept for incorporating a parcel
of land that the city is in the process of acquiring (currently scheduled for closing on or before
February 21, 2025). Council agreed to acquire this parcel with a buy/sell agreement in 2023. This
parcel was approved for acquisition under the Westside Urban Renewal Area as it fits with the
Plan's strategies for "providing sufficient parkland/open space to meet the needs of the
surrounding neighborhood."
Following the presentation in May, Council provided direction to move forward with this
concept. One of the steps in moving forward has been establishing an initial memorandum of
understanding for the planning of improvements on these parcels with the expectation that these
sites will be developed for public park purposes, identifying maintenance responsibilities and
potential funding obligations. This MOU is attached for consideration and provides the
framework for the partnership and establishes the foundation for future agreements/approvals
that are anticipated as the project progresses.
Additionally, the concept that was presented in May is attached to this memo, along with a map
of the parcels.
RECOMMENDATION: It is recommended that the City Council approve Resolution 6236
authorizing the City Manager to enter into the Memorandum of Understanding with the Bibler
Legacy foundation for a public park development project.
ATTACHMENTS:
Resolution 96236
Memorandum of Understanding
Map of Parcels
Park Concept Plan
RESOLUTION NO. 6236
A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN THE
MEMORANDUM OF UNDERSTANDING WITH THE BIBLER LEGACY
FOUNDATION FOR A PUBLIC PARK DEVELOPMENT PROJECT.
WHEREAS, in May, 2023, Council entered into a Buy/Sell Agreement with BNSF Railroad for
a parcel of land at the west end of the Parkline Trail called the Wye Property; and
WHEREAS, in May, 2024, the Bibler Legacy Foundation, which owns three parcels of the
adjoining properties, presented a concept design to council to develop the entire
property into a public park and trail system; and
WHEREAS, council was agreeable to the presentation and requested staff move forward with a
Memorandum of Understanding regarding the concept; and
WHEREAS, the Memorandum of Understanding would establish the planning of improvements
on these parcels with the expectation that these sites will be developed for public
park purposes, identifying maintenance responsibilities and potential funding
obligations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION 1. The City Manager is hereby authorized to execute the attached
Memorandum of Understanding between the Bibler Legacy Foundation and
the City of Kalispell for a public park development project.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 16TH DAY OF DECEMBER, 2024.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
THIS MEMORANDUM OF UNDERSTANDING is entered into this _ day of
December, 2024, between the CITY OF KALISPELL, a Montana municipal corporation,
hereinafter referred to as the "CITY", which address is 201 I't Ave. E, Kalispell, MT 59901
and BIBLER LEGACY FOUNDATION, INC., a Montana domestic nonprofit corporation,
hereinafter referred to as `BIBLER"; which address is P.O. Box 1195, Kalispell, Montana.
RECITALS
1. BIBLER is the owner of certain real property located at 1510 2r`d Street West,
Kalispell, Montana and legally described as set forth in Exhibits "A" and "B", attached
hereto and fully incorporated herein by this reference, comprised of approximately 21.565
acres which BIBLER intends to develop into a public park in cooperation with the City.
2. The CITY is negotiating with Burlington Northern Santa Fe Railroad (`BNSF")
for the purchase of real property legally described as set forth in Exhibit "C", attached hereto
and fully incorporated herein by this reference, consisting of approximately 14.69 acres of
railway right-of-way and open unimproved land abutting the real property described in
Exhibits A and B ("Property C"). In cooperation with BIBLER, the CITY intends to
develop Property C into a trail system connecting the Kalispell Parkline trail and the public
park to be situated on Properties A, B, and/or C.
3. BIBLER and the CITY are desirous of developing a public -private joint venture
to plan, develop, finance, operate and maintain a public park and trail system situated on
Properties A, B, and C.
NOW THEREFORE, the parties agree as follows:
1. Purpose. The purpose of this Agreement is to define the public -private
partnership between the CITY and BIBLER regarding the planning, development, financing,
operation, and maintenance of Properties A, B, and C as a public park and trail system
("Project"). Both parties are committed to the development of park and recreation facilities
that will provide opportunities for the public to enjoy rest and recreation in a maintained
outdoor public venue. The parties agree to work toward this objective in a manner that
permits quality development of the Project under the terms defined herein of the rights and
duties of each.
2. Term. This Agreement shall be effective the day and year first above written and
shall continue for a period of TWENTY (20) years, unless sooner terminated by written
agreement of the parties or upon transfer to and acceptance by the City of Kalispell of
Memorandum of Understanding
City of Kalispell and Bibler Resources Company
Pagel
Properties A and B.
3. Property C Acquisition CITY is in the process of purchasing Property C which
the CITY intends to own -fee simple.
4. Grant of Use. CITY agrees to allow BIBLER use of unimproved portions of land
within Property C for development of the Project as soon as it is acquired by CITY.
5. Stormwater. CITY reserves the right to continue to access and maintain public storm
facilities located within portions of Property C or an alternate location if the facility needs to be
relocated as part of the development of the Project.
6. Consultation. The CITY and BIBLER agree that they shall consult with one another
to plan and develop Properties A, B and C as a single and unified public park and trail system to
serve the needs of the public.
7. Development Responsibilities. It is the intent of the parties that BIBLER will
provide for the development of the public park and the CITY will provide for the
development of the trail system, as resources allow, within the portion of Property C which
would be in place of the current railbed. The parties recognize that a high level of
collaboration between the parties will be required to fully develop and maintain the Project.
Throughout the term of this Agreement, the CITY and BIBLER will meet for the purpose of
deciding each party's development and maintenance responsibilities. At a minimum,
representatives of the CITY and BIBLER will meet at least four times annually for the
purpose of conferring about the planning and development of the Project and this MOU.
8. Insurance. BIBLER agrees that it will maintain Commercial General Liability
Insurance for bodily injury and property damage in amounts not less than $1 million per
occurrence or less than $2 million aggregate covering its construction activities which names
the CITY as a covered party. Contractors performing development activities on the Project
at the request of either party must also maintain general liability insurance coverage
consistent with the CITY's required standards, naming both parties as insureds, as well as
workers compensation coverage on. its employees consistent with State law.
9. Indemnification. To the fullest extent permitted by law, each party to this MOU
shall fully indemnify, defend, and save the other party to this MOU, their agents,
representatives, employees, and officers harmless from and against any and all claims,
actions, costs, fees, losses, liabilities or damages of whatever kind or nature arising from or
related to the indemnifying party's performance in their duties and obligations as required
under this MOU.
Memorandum of Understanding
City of Kalispell and Bibler Resources Company
Page 12
10. Modification. This MOU may be modified by the parties by a written document
signed by authorized representatives of the CITY and BIBLER.
II.Mediation; Termination. In the event either party fails to perform its
obligations under this MOU, the other party may give written notification of the default in
writing. The parties shall meet and confer with the intent of resolving the default, but in the
event the default is not cured, or reasonable efforts are not underway to correct the default
(in the opinion of either party), the dispute shall be submitted to mediation. The parties
may mutually agree to terminate this MOU in writing at anytime.
12. Intent of Future Donation. It is currently the intent of BIBLER to transfer its
ownership in Property A and B to the CITY at some future date after the Project has been
fully developed along with a system/plan for the maintenance into the future. The parties
agree that they intend to jointly propose to City Council that Properties A, B, and C be
annexed into the CITY and receive the land use designation as parkland only. However,
BIBLER is not, by this MOU, committing to any such transfer of ownership and the CITY
will make no such demand or commitment to ownership.
13. Transfers of Property. In the event BIBLER agrees to a transfer of, and the CITY
agrees to accept, all or portions of Property A and/or Property B to CITY after the development
of the respective parcels and a mutually agreed upon plan for maintenance and the funding
thereof related to all parcels covered in this MOU, CITY shall accept such conveyances subject
to the following conditions:
a. CITY will accept title to the real property subject to the Exceptions to Title
which are set forth in the title insurance policies to be obtained.
b. The Deed which conveys the property to CITY shall be subject to a right of
reverter or reversionary interest only if CITY fails to maintain or repair the park
property, including all improvements thereon, or discontinues use of the property
as a park subject to park rules as adopted by City Council, and BIBLER provides
written notice to the CITY and CITY fails to cure any failure of maintenance,
repair, or park use within 90 days of said notice, title to said property shall revert
to BIBLER, or its successors, assigns, or designees.
c. BIBLER may provide funding to CITY to be used in maintaining the park -at the
time of property transfers to CITY. In that event, the CITY shall segregate said
funds from CITY's general fund to ensure that the funds are solely used for
purposes of maintaining the respective Properties for park purposes. The CITY
reserves the right to not accept ownership of Properties A and/or B if the funding
to be used in maintaining the park, including all improvements thereon, is not
sufficient to meet the expectations of both parties.
Memorandum of Understanding
City of Kalispell and Biblcr Resources Company
Page 13
IN WITNESS WHEREOF, the parties have executed this MOU the day and year first
above written.
CITY OF KALISPELL
Doug Russell
City Manager
BIBLER LEGACY FOUNDATION, INC.
By:
Si pso
President
Memorandum of Understanding
City of Kalispell and Bibler Resources Company
Page 14
EXH1BIT A
Parcel 1:
Tract 3 of Certificate of Survey No. 19233, situated in Section 13, Township 28
North, Range 22 West, according to the map or plat thereof on file and of record in
the office of the Flathead County Clerk and Recorder.
Parcel 2:
Tract 2 of Certificate of Survey No. 19545, situated in Section 13, Township 28
North, Range 22 West, according to the map or plat thereof on file and of record in
the office of the Flathead County Clerk and Recorder.
Parcel 3:
Tract 1 of Certificate of Survey No. 19582, situated in Section 13, Township 28
North, Range 22 West, according to the map or plat thereof on file and of record
in the office of the Flathead County Clerk and Recorder.
C
Tract 2 of Certificate of Survey No. 19582, situated in Section 13, Township 28
North, Range 22 West, according to the map or plat thereof on file and of record
in the office of the Flathead County Clerk and Recorder.
EXHIBIT C
TRACT 1
A PARCEL OF LAND CONTAINING FIVE PARCELS OF LAND AS
DESCRIBED N BOOK 200, PAGE 198; PARCEL 2 OF COS No. 18486; BOOK
35, PAGE 560; BOOK 35, PAGE 561; BOOK 35, PAGE 562 AND BOOK 35,
PAGE 559 LOCATED IN NE114 AND NE114SE114 OF SECTION 13, T. 28 N.,
R. 22 W. P.M. MONTANA, FLATHEAD COUNTY, DESCRIBED AS
FOLLOWS:
COMMENCING FROM THE NE CORNER OF SAID SECTION 13; THENCE
S01 °01'39"W, 46.95 FEET ALONG THE EAST LINE OF SAID SECTION 13 TO
THE NORTHERLY LINE OF BNSF RIGHT-OF-WAY; THENCE S76°03'07"W,
31.05 FEET ALONG THE NORTHERLY LINE OF BNSF RIGHT-OF-WAY
LINE TO THE WEST LINE OF SOUTH MERIDIAN ROAD BEING THE
PONT OF BEGINNING: THENCE S01'01'39"W, 103.52 FEET ALONG THE
WEST LINE SAID SOUTH MERIDIAN ROAD TO THE SOUTHERLY LINE
OF BNSF RIGHT-OF-WAY; THENCE S76°03'07"W, 358.82 FEET ALONG
THE SOUTHERLY LINE OF BNSF RIGHT-OF-WAY LINE; THENCE ALONG
A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 713.95 FEET,
ARC LENGTH OF 1077.54 FEET, DELTA ANGLE OF 86°28'28", CHORD
BEARING OF S32048'53"W AND CHORD DISTANCE OF 978.14 FEET
ALONG THE EASTERLY LINE OF BNSF RIGHT-OF-WAY; THENCE
S10°25'21 "E, 2366.04 FEET ALONG THE EASTERLY LINE BNSF RIGHT-OF-
WAY TO THE NORTHWESTERLY RIGHT-OF-WAY LINE OF FOYS LAKE
ROAD; THENCE S32°51'23"W, 145.87 FEET ALONG THE
NORTHWESTERLY RIGHT-OF-WAY LINE OF SAID FOYS LAKE ROAD TO
THE WESTERLY LINE OF BNSF RIGHT-OF-WAY; THENCE N10°25'21"W,
2472.24 FEET ALONG THE WESTERLY LINE OF BNSF RIGHT-OF-WAY;
THENCE ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS
OF 813.95 FEET, ARC LENGTH OF 180.90 FEET; DELTA ANGLE OF
12-44-02", CHORD BEARING OF N04°03'20"W AND CHORD DISTANCE OF
180.53 FEET ALONG THE WESTERLY BNSF RIGHT-OF-WAY LINE;
THENCE ALONG A NON -TANGENT COMPOUND CURVE TO THE LEFT
HAVING A RADIUS OF 548.69 FEET; ARC LENGTH OF 662.93 FEET,
DELTA ANGLE OF 69013'33", CHORD BEARING OF N52°42'34"W AND
CHORD DISTANCE OF 623.34 FEET ALONG THE SOUTHWESTERLY LINE
OF BNSF RIGHT-OF-WAY; THENCE S76°03'07"W, 319.97 FEET ALONG
THE SOUTHERLY LINE OF BNSF RIGHT-OF-WAY TO THE SOUTHWEST
CORNER OF SAID PARCEL 2; THENCE N13°56'53"W, 100.00 FEET ALONG
THE WEST LINE OF SAID PARCEL 2 TO THE NW CORNER OF SAID
PARCEL 2; THENCE N76°03'07"E, 1877.19 FEET ALONG THE NORTHERLY
LINE OF BNSF RIGHT-OF-WAY TO THE POINT OF BEGINNING OF SAID
PARCEL CONTAINING 14.69 ACRES.
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